Final Order 8

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM)121/23
ASHOK NISCHAL Vs. JITENDER SINGH
18.03.2024
Present: Sh. R.K.Mishra, Ld. Counsel for plaintiff along with
plaintiff.
Sh. C.B. Singh, Ld. Counsel for defendants.
Ld. Counsel for plaintiff submits that the plaintiff
wants to withdraw the present suit as well as application u/s 12A
of Commercial Courts Act for exhausting the provisions of
section 12A of the Commercial Courts Act for initiating pre-
institution mediation. Separate statement of Ld. Counsel for
plaintiff is recorded.
Ld. Counsel for plaintiff submits that as plaintiff has
withdrawn the present suit at initial stage to exhaust the remedy
of pre-institution mediation, he is entitled to for refund of court
fees deposited. In this regard, my attention is drawn towards
authorities i.e. (i) Larsen and Toubro Limited Vs. Ireao Victory
Valley Private Ltd. CS (Comm) 151/2023, (ii) Paul Sales Ltd. Vs.
Hari Darshan Sev Ashram Pvt. Ltd. & Ors. CS (Comm)
499/2022, judgment of Bombay High Court reported in Aumm
Innovations LLP Vs. Chooyal Private Limited, Writ Petition No.
7243 of 2023, judgment of Hon’ble High Court of Himachal
Pradesh, Shimla reported in M/s Tenzin Construction Co. Pvt.
Ltd. Vs. M/s Om Educational Research and Management Society,
Com. Suit (Coms) No. 12 of 2022 and judgment of Hon’ble High
Court of Calcutta reported in Somany Ceramics Limited Vs.
Riverbank Developers Private Ltd. IA No. GA 3 of 2022 in CS 5
of 2022.
In view of statement of plaintiff, present suit as well
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as application u/s 12A of Commercial Courts Act stands
dismissed as withdrawn.
As plaintiff has withdrawn the suit at initial stage to
exhaust the remedy of pre-institution mediation, he is entitled for
court fee deposited. Plaintiff is also at liberty to file the present
suit afresh in accordance with law.
File be consigned to record room.
(Sanjeev Kumar Malhotra)
District Judge/Commercial Court/
North East/KKD Courts/Delhi
18.03.2024
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